Arizona Eviction Moratorium Update

2020 has been a tough year for both landlords and tenants in Arizona because of COVID-19 and the subsequent Arizona eviction moratorium that has been active since March.

With the end of 2020 around the corner, many people are wondering what the latest information is on the eviction moratorium in Arizona, as well as what the rental market is going to look like once it’s finally allowed to expire?

Governor’s Ducey’s Eviction Moratorium Is Active Until 10/31

Governor Doug Ducey signed a 120-day eviction moratorium in late March to aid those affected by the COVID-19 pandemic. This eviction order was extended in July until October 31st, 2020.

In addition to Governor Ducey’s executive order (EO), the Center for Disease Control has issued a separate eviction moratorium. The CDC’s moratorium is supposed to protect tenants from eviction due to nonpayment through December 31st, 2020.

To qualify for the CDC’s eviction moratorium, tenants must not make more than $99,000 per year and sign a declaration stating that they are unable to make their rent payments due to a substantial loss of income. They must also pay at least 25% of their monthly rent each month.

It’s important to note both Governor Ducey’s and the CDC’s moratoriums both only protect evictions for those who meet the above criteria and would be evicted due to nonpayment. Evictions due to lease violations, damages, and causes other than nonpayment are all still valid.

Some landlords are challenging the eviction protections in place by taking their tenants to court in order to move forward with evicting them.

Some tenants are getting evicted for nonpayment if they are unable to complete the CDC declaration before the judgment is issued. In other cases, tenants are getting evicted if the landlord can prove that their tenant’s statement on the declaration was “materially inaccurate”.

What Can We Expect Until January 2021?

Governor Ducey’s eviction moratorium may likely be extended until January 2021, providing tenants with eviction protections through the end of the year.

The Governor likely doesn’t want to have mass rental evictions during the holidays. However, even with an extension to the moratorium, evictions will eventually have to be allowed to happen like normal.

Until the eviction moratoriums are ended permanently, we can expect to see more landlords challenge the Governor’s EO, along with the CDC eviction ban,

As of today, landlords, the Multi housing Association, and the Manufactured Housing Communities of Arizona are looking eager to overturn the Governor’s eviction moratorium. The general feeling is that the eviction moratorium is unconstitutional and violates an owner’s contracts with their renters.

In some cities, landlords are winning in the courts and evictions are increasing. This can be seen in Phoenix, where evictions jumped to 2,863 during September. This was an increase from 2,171 evictions in August and 1,768 evictions in July. (Source)

Most Landlords Expecting Foreclosure ‘Avalanche’

Even though evictions are climbing in Phoenix, many rental property owners have seen other Arizona courts decline to hear their eviction cases. Without being able to fill their properties with paying tenants, many landlords will struggle to make their mortgage payments. With little progress on evictions in Arizona, there is concern the state will see a foreclosure ‘avalanche’ in early 2021.

This foreclosure ‘avalanche’ could be damaging to the rental markets as a whole.

Contact GoldenWest Management

At GoldenWest Management, we manage rental properties in Arizona, Nevada, and California. This gives us a firsthand perspective on what’s happening in each of these rental markets.

Our company offers ‘boutique’ style property management. This means, regardless if we manage a large portfolio of investment properties or one rental property, each of our owner clients can count on us treating them like they are our only client.

To learn more about the property management services that we can offer you, contact us today by calling (866) 545-5303 or click here to connect with us online.

California Eviction Relief Bill Extended Through January 31st, 2021

Governor Gavin Newsom recently signed new legislation extending the eviction ban in California through January 31st, 2021.

This move only delays evictions for a few more months as State and Federal lawmakers work hard to come up with a plan for how to deal with evictions and get the rental market in California back on track.

Most analysts see the Governors eviction moratorium extension as a ‘bridge’ to a more permanent solution. As evictions are not allowed to continue, many landlords across the State are suffering economically due to not being able to collect rent for months.

The good news about the Governor’s recent action is that even he agrees something needs to be done to help renters and landlords across the state and the nation. The big question is: what exactly can be done to help both parties at the same time?

How Will The New Eviction Ban Work?

Tenants who were not able to pay their rent from March 1st through August 31st must sign a document which states that they are unable to pay their rent due to financial hardship from COVID-19. Some tenants who earn over $100,000 annually would have to show proof of their financial hardship.

What’s different about this extension of the eviction ban is tenants who qualify for the eviction ban must still pay 25% of their rent. They cannot continue living in their rental properties without paying anything.

Sadly, Governor Newsom’s new eviction ban extension doesn’t delay foreclosures. Unless a landlord has signed up for mortgage deferral with their lender, they can expect their mortgage to end up in foreclosure if they remain unable to pay.

What Comes Next?

With State lawmakers not scheduled to return to work until January 2021, the first of the year will likely be the biggest month that we’ve seen in a long time. Lawmakers will be scrambling to come up with solutions to stop the eviction crisis while landlords seek evictions.

There is talk about creating a plan that offers tax credits to landlords who were paid just 25% of the rent. A similar plan failed to be approved this summer so it’s likely we may see a flurry of ideas being proposed in the greater Southern California rental market in the coming months.

Learn More About GoldenWest Management – Your Local Property Management Company

At GoldenWest Management, we stay on top of what’s happening with the rental market in California so our owner clients can have confidence we’re aware of all the issues that might affect their rental properties.

With locations in San Diego, Phoenix, and Las Vegas, we make it possible for owners to build a portfolio of rental properties while having confidence that they will receive the same level of service regardless of where their rental properties are located.

To learn more about the property management services that we can offer you, contact us today by calling (866) 545-5303 or click here to connect with us online. 

82% Of Southern California Renters Paid Their Rent On Time In June 2020

Thanks to recent data from the U.S. Census Bureau, and a report from the Daily Bulletin, we know that eight of every 10 tenants in Southern California paid their rent on time during June.

In their “pulse survey”, the Census Bureau survey showed that just 5% of tenants indicated that their rent was deferred.

Federal aid, like the recent stimulus checks, have enabled most tenants in Southern California to stay on track with their rent payments while others have benefitted from the eviction ban and have been able to defer paying their rent now for months.

What’s Comes Next For The Southern California Rental Market?

With the $600 per week in Federal unemployment benefits from the CARES act potentially coming to an end this month, it’s possible that the loss of those benefits, combined with an end to the eviction moratorium on September 30th, could bring a wave of evictions this fall unless more is done to help renters.

As of July 23rd, 2020, lawmakers in Washington are in negotiations for more stimulus aid which could potentially include an extension of the CARES Act unemployment benefits but that extension could be less than the $600 per week that people are receiving now.

Under the CARES Act, renters are protected from eviction until July 25th, 2020. Unless the CARES Act eviction moratorium is extended, tenants in California will only have until September 30th to avoid eviction because that’s when the statewide eviction moratorium is set for expiration.

What About Landlords?

Landlords also need financial help because, for those landlords in California that have been unable to collect rent since March, this represents a loss in rent totaling more than $1 billion.

So far, lawmakers in California have proposed a variety of bills that are aimed at helping the rental market get back on track including a bill that would potentially give tenants until 2034 to repay rent while encouraging some owners to forgive back rent in favor of tax deductions.

Sadly, what’s often lost in the discussion is the impact of Coronavirus on smaller “mom and pop” landlords, many of which who have been unable to collect rent from their tenants in months. Those smaller landlords can’t just walk forgive rent when they are already walking a financial tightrope, using their savings or retirement funds just to cover their mortgages.

It’s more likely that the State of California could propose an eviction relief plan which encourages landlords and tenants to enter it voluntarily, creating a favorable payment plan that tenants could use to get their rent payments back on track.

Contact GoldenWest Management, Inc

At GoldenWest Management, we offer full-service property management in California, Arizona, and Nevada.

Our company saves owners the time, money, and hassle of managing investment properties themselves.

To learn more about the services we can offer you, contact us today by calling (866) 545-5303 or click here to connect with us online.

Eviction Moratorium – What’s Happening In Phoenix And Las Vegas?

Since March 2020, Coronavirus (COVID-19) has changed the rental market nationwide because millions of people who once were working were forced to “shelter in place”, or they lost their jobs are unable to work.

In response to the pandemic, many cities including San Diego, approved eviction moratoriums.

We know that San Diego’s eviction moratorium has been extended until July 28th, the big question is what about Phoenix and Las Vegas? Will their eviction moratoriums be extended too?

In this article, we will provide you with information on the eviction moratoriums for Phoenix, Las Vegas, and also information we can expect from both cities in the coming months.

Nevada’s Eviction Moratorium Extended Until June 30th

As of today, we know that the State of Nevada’s eviction moratorium has been extended until June 30th, essentially mirroring what’s happening with the city of San Diego.

The Attorney General for Nevada, Aaron D. Ford has stated that it’s his goal to help people stay in their homes and prevent landlords from evicting tenants who may be unable to pay their rents.

Thankfully, the eviction moratorium is working, but tenants who are unable to pay their rents are encouraged to reach out to their landlords to discuss payment arrangements so that landlords can have at least a portion of their tenant’s rents that due and avoid having their rental properties go into foreclosure.

Could we see an extension to the Nevada eviction moratorium? The answer to this question is it’s anyone’s guess. Since more tenant’s groups across the country are putting pressure on landlords to stop evictions, we may likely see another eviction moratorium extension at least through the summer months to avoid a wave of evictions.

Phoenix Eviction Moratorium Extended Until July 23rd

Arizona residents who have been dealing with financial hardship due to COVID-19 can take heart that the eviction moratorium is extended until July 23rd.

Even though the eviction moratorium in Arizona is extended until July 23rd, the reality is that the burden of proof is one the tenant to prove that they have an economic hardship due to COVID-19.

If a tenant in Arizona cannot prove economic hardship due to COVID-19, the court can still move forward with evicting them for nonpayment, and law enforcement can also remove a tenant for nonpayment of their rent or breach of contract.

Contact GoldenWest Management

For more information on what’s happening with the rental market in San Diego, Phoenix or Las Vegas, or to speak with us about our property management services, contact us today by calling (866) 545-5303 or click here to connect with us online.

Ventura Lawyer Stops Governor Newsom Eviction Moratorium from Extending Past 7/28

Landlords in California got some good news this week when Doug Michie, a lawyer based in Ventura CA, revealed that he filed a complaint on May 8th in the Third District Court of California against Governor Newsom’s eviction order which bans evictions of tenants from being evicted during the Coronavirus pandemic.

In his complaint, Michie quotes the U.S. Constitution as being the basis for why the eviction moratorium cannot be allowed to legally be extended.

“No State shall … pass any … law impairing the Obligation of Contracts” (Article 1, Section10, US Constitution) …” Nor shall private property be taken for public use, without just compensation” and…Violations of Substantive Due Process (5th Amendment US Constitution).

Unless Governor Newsom, or lawmakers in California, try further legal maneuvering, the State-wide eviction moratorium is not allowed to be extended past the July 28th deadline. This means that landlords after July 28th, (unless there is an eviction moratorium in the city where their properties are located), can legally start the eviction process against a tenant who has been living in their rental property since the moratorium began without paying any rent.

Complaint Will Help Landlords State-wide

Although Doug Michie filed the complaint on behalf of his wife, a landlord in the Bay Area who owns several rental properties, it will ultimately help landlords across California who are concerned about not earning income from their rental properties since March.

What’s even better about the complaint is that it also effectively stops the governor from extending the eviction moratorium an additional 90 days following the July 28th deadline.

Even though many tenants in California have been working hard to pay their landlords some money during the coronavirus crisis, there are scores of tenants across the state that have taken advantage of the eviction moratorium and have not paid their landlords any money at all.

More Than $ 1 Billion Dollars in Rent Lost Since the Start of Coronavirus

Even though most media outlets positively cover the efforts to stop rent collection across the state of California, the reality is that since March 2020, more than $1 billion dollars has been lost since rent has not been collected.

Yes, there is language in place which says that tenants must pay back the rent that they owe their landlords but the reality is that with the current shape of the economy in California, and the highest unemployment rate in decades, it’s unlikely that landlords in here will ever be able to collect any of the money that’s owed them once things start getting back to normal.

Another thing that’s not mentioned in the media is that most “mom and pop” landlords rely upon income from their rental properties to fund their retirements. If those landlords have not been collecting any rent since March, they’ve had to fight to survive financially just like everybody else even though the media thinks that landlords can essentially “take it one the chin” and survive several more months without collecting rent.

Hope is on the horizon for landlords in California and with the complaint filed by Doug Michie, along with possible class-action lawsuits filed against the state, for recovery of compensable losses, it’s likely landlords can now start getting back on track financially.

Contact GoldenWest Management

To learn more about what’s happening in the California rental market, or to speak with us about our property management services, contact us today by calling (866) 545-5303 or click here to connect with online.

San Diego’s Eviction Moratorium Extended June 30th, 2020

The City of San Diego extended its eviction moratorium through June 30th, 2020, to protect renters and businesses who have been impacted by Coronavirus, citywide lockdown and the closure of essential stores during the Pandemic.

This move reflects similar legislation nationwide as other cities and states have extended their eviction moratoriums through June 30th and even farther into summer.

Financial Aid To Tenants And Landlords Is Still Being Considered

There’s no doubt that both tenants and landlords in California are struggling right now as Coronavirus has impacted just about everyone from all walks of life.

Thankfully, as the City of San Diego continues returning to “business as normal,” the city is doing everything it can to help landlords and tenants following Coronavirus but significant challenges life ahead.

With an unemployment rate in California, that’s close to 20%, one of the biggest challenges is for the city and state to help people who have been unemployed for the last three months get back to work while also assisting landlords with financing so that they can avoid mortgage default on their rental properties.

Sadly, as San Diego city council member Scott Sherman recently said, an eviction moratorium extension only “kicks the can” down the road, or delays evictions, as renters continue stacking up debt with their landlords due to back rent that they may be unable to pay.

Coronavirus Highlights The Importance Of Owners And Tenants Working Together

Even though the Coronavirus Pandemic and the following eviction moratorium have been worse case scenarios for the City of San Diego, the good news is that during May, or month #2 of the lockdown, roughly 82% of renters in the San Diego area paid their contractual rents.

The percentage of tenants who paid their rents in May could be due to final stimulus payments, unemployment, and other benefits kicking in. As we enter the month of June, there’s hope that we will see similar statistics from renters.

Owners and tenants have been making the best out of a bad situation by working together during coronavirus, and this explains why the rental market in San Diego isn’t as bad as many people thought it would be.

What Happens After June 30th?

What’s going to happen after June 30th? The answer to the question is, it’s anyone’s guess. Still, the reality is that because the City of San Diego faces a possible “epic wave” of evictions, if the moratorium isn’t extended well past June 30th so it’s like that we may see another extension in the weeks ahead.

Contact GoldenWest Management

To learn more about what’s happening with the rental market in San Diego, CA, or to speak with us about our property management services, contact us today by calling (866) 545-5303 or connect with us online by clicking here.

Eviction Moratorium San Diego – Learn More About How Renters Are Protected During Coronavirus

Coronavirus has changed the economy and rental market in the last month because tenants that were once able to pay their rents on time are now unable to pay rent since they have little to no income coming in.

Thankfully, the City of San Diego passed a moratorium on evictions which means that any tenant who is facing eviction because they cannot pay their rent will be protected from eviction

The Eviction Moratorium Will Last Until May 31st, 2020

Tenants who are unable to pay their rent must notify their landlords immediately, and provide proof of their financial hardship as well via email or text since the city considers those to be valid forms of written notice.

Besides notifying their landlords that they are unable to pay rent, San Diego area tenants must also provide their landlords with financial documentation which shows they are unable to pay rent due to coronavirus (COVID-19).

The financial documentation that a tenant should provide their landlord with may include bank statements that show a loss of income or documentation which shows that they’ve had to pay significant out of pocket expenses related to coronavirus.

Any tenant who doesn’t notify their landlord that they are unable to pay rent within one week of its due date, the landlord may move forward with enforcement actions or eviction proceedings that are in accordance with state and local laws.

How Long Do Tenants Have To Pay Back The Rent?

Any tenant who is protected by the City of San Diego’s eviction moratorium will still have to pay back the back rent that they owe within 6 months, or longer if the deadline is extended by the Governor.

If a tenant moves out before paying the back rent that they owe, they will legally be required to pay what they owe when they move out unless their lease states otherwise.

Contact GoldenWest Management

At GoldenWest Management we understand the challenges of these times and are here to help!

For more information about what’s happening with the local rental market, or to speak with us about our property management services, contact us today by calling (866) 545-5303 or click here to connect with us online.